E-Evidence

Originally held on January 24 - 25, 2011, the archived course is now available for purchase either as a video stream with downloadable link to materials; or on CD-Rom (audio archive with program materials).

The rapid development of new information technologies requires litigators to adapt quickly and thoughtfully to new forms of evidence. Texting, websites, memory keys and hard drives are examples of electronically-stored information that is increasingly being relied upon in litigation. Electronic data is shifting how lawyers interact, changing how information is collected and used, and transforming courtrooms. To specifically address these complexities, recent amendments to the Ontario Rules of Civil Procedure have fundamentally changed the process for dealing with e-evidence. To get the best results for your clients, it is imperative that you understand these and other, ongoing changes.

This Osgoode Professional Development short course was developed to provide civil litigators, law clerks and other members of the litigation team with concrete guidance in this increasingly thorny area. An expert faculty will provide clear, cogent and practical coverage of what you need to know. Topics include:


  • Understanding the types and sources of e-evidence
  • Identifying issues prior to e-discovery: the initial client meeting, drafting your pleadings, etc.
  • Understanding e-discovery issues with regard to the Sedona Canada Principles
  • Privacy, privilege, cross-border and confidentiality issues
  • Protecting trade secrets, electronically-stored information in the workplace and other confidential information
  • Admissibility of e-evidence
  • Spoliation and the destruction of e-evidence
  • How to prepare and present electronic evidence in court
  • Mastering best approaches for e-record management and retention

 

Judges’ and Master’s Panel


The Hon. Justice Mary Lou Benotto, Superior Court of Justice (Ontario)
The Hon. Justice Colin L. Campbell, Superior Court of Justice (Ontario)
Master B. Calum Macleod, Case Management Master

Superior Court of Justice (Ontario)

 

Chairs
Kelly Friedman, Davis LLP
Melanie Schweizer, Senior Counsel, Litigation, Bell Canada.

 

 

OPD Program Lawyer

Paul Truster

ptruster@osgoode.yorku.ca